| 1 | 1 | | 81R9326 CAE-D |
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| 2 | 2 | | By: Patrick, Dan S.B. No. 1174 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disposition of the fines collected from persons |
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| 8 | 8 | | issued citations for certain offenses by a school district peace |
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| 9 | 9 | | officer. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 45, Code of Criminal |
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| 12 | 12 | | Procedure, is amended by adding Article 45.061 to read as follows: |
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| 13 | 13 | | Art. 45.061. DISPOSITION OF FINES COLLECTED FROM PERSONS |
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| 14 | 14 | | ISSUED CITATIONS BY SCHOOL DISTRICT PEACE OFFICER. (a) This |
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| 15 | 15 | | article applies only to the fine imposed on a person who: |
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| 16 | 16 | | (1) is convicted of an offense that is punishable as a |
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| 17 | 17 | | Class C misdemeanor and that occurs on the property of a school |
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| 18 | 18 | | district; and |
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| 19 | 19 | | (2) was issued a citation for the offense by a school |
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| 20 | 20 | | district peace officer. |
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| 21 | 21 | | (b) The officer collecting the fine from the person shall |
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| 22 | 22 | | remit an amount equal to 50 percent of the fine to the school |
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| 23 | 23 | | district that employed the school district peace officer who issued |
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| 24 | 24 | | the citation to the person. |
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| 25 | 25 | | (c) To the extent of any conflict, this article prevails |
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| 26 | 26 | | over Articles 45.203 and 103.004. |
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| 27 | 27 | | (d) In this article: |
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| 28 | 28 | | (1) "School district" means a school district |
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| 29 | 29 | | authorized by Section 37.081, Education Code, to commission school |
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| 30 | 30 | | district peace officers. |
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| 31 | 31 | | (2) "School district peace officer" means a peace |
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| 32 | 32 | | officer commissioned under Section 37.081, Education Code. |
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| 33 | 33 | | SECTION 2. Section 37.102, Education Code, is amended by |
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| 34 | 34 | | adding Subsection (d) to read as follows: |
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| 35 | 35 | | (d) A school district that receives a portion of a fine |
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| 36 | 36 | | imposed under this section as provided by Article 45.061, Code of |
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| 37 | 37 | | Criminal Procedure, shall annually post on an Internet website |
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| 38 | 38 | | maintained by the district the amount of funds received by the |
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| 39 | 39 | | district and the manner in which the funds are spent. A school |
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| 40 | 40 | | district that does not maintain an Internet website must publish |
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| 41 | 41 | | the information required by this subsection in a newspaper in the |
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| 42 | 42 | | district. If a newspaper is not published in the school district, |
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| 43 | 43 | | the district shall provide for the publication of notice in at least |
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| 44 | 44 | | one newspaper in the county in which the district's central |
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| 45 | 45 | | administrative office is located. |
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| 46 | 46 | | SECTION 3. The change in law made by this Act applies only |
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| 47 | 47 | | to the disposition of a fine that a judge or a justice of the peace |
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| 48 | 48 | | imposes on or after September 1, 2009. The disposition of a fine |
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| 49 | 49 | | that a judge or a justice of the peace imposed before September 1, |
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| 50 | 50 | | 2009, is covered by the law in effect when the fine was imposed, and |
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| 51 | 51 | | the former law is continued in effect for that purpose. |
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| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2009. |
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